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(영문) 광주지방법원 목포지원 2016.05.26 2016고단172
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant shall be punished by a fine of 140,000,000 won.

When the defendant does not pay the above fine, 200,000 won.

Reasons

Punishment of the crime

The Defendant is the captain of a two-way fishing vessel C ( approximately 30 tons, approximately 80 mags, five crew on board, and without permission) in China.

Where a foreigner intends to conduct fishery activities in an exclusive economic zone, he/she shall obtain permission for each vessel from the Minister of Oceans and Fisheries.

Nevertheless, around 14:21 on February 25, 2016, the Defendant conducted fishery activities by using the said vessel, without obtaining permission from the Director of the Maritime Affairs and Fisheries of the Republic of Korea, at approximately 67 nautical miless from the Gun, Do, west-do, west-do, west-do, approximately 5 nautical miles (North Korea: 35.57.1 minute, east 124.36.2 minute, 181-1%) within a five-nautical miles of the exclusive economic zone of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A statement of the detection;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes on the location map, each evidence photograph, and list of seafarers;

1. Subparagraph 1 of Article 17 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zones under the relevant criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone for Confiscation;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The crime of this case on the grounds of sentencing under the proviso of Article 69(1) of the Criminal Act with the custody order is highly likely to undermine the order on the adequate preservation and management of the fishery resources of the Republic of Korea, and thus, the crime of this case is highly likely to mislead the fishermen of the Republic of Korea into the fishermen of the Republic of Korea in a difficult environment.

However, the punishment as ordered shall be determined by comprehensively taking account of the following circumstances, such as the fact that the defendant is mistakenly admitted, the size of the ship, the method of operation, the frequency of operation, the catch, the motive and circumstances of the crime, and the circumstances before and after the crime.

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